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1. The Defendants jointly share KRW 400,000,000 and interest rate of KRW 15% per annum from January 7, 2016 to the date of full payment.
Reasons
1. Basic facts
A. Conclusion, etc. of the instant contract
(1) On May 13, 2013, the Plaintiff engaged in the textile manufacturing business: (a) concluded that the construction cost for the manufacturing and installation works of the incineration boiler (including pipes and thermal temperature works, etc. appurtenant thereto; hereinafter “instant construction works”) (including value added tax); and (b) the construction period of the instant construction works shall be determined within 150 days after the payment of the down payment; and (c) the down payment of KRW 240 million shall be paid at the time of the contract, the intermediate payment of KRW 240 million, the intermediate payment of KRW 240 million, the intermediate payment of KRW 240 million, the intermediate payment of KRW 240 million, the intermediate payment of KRW 240 million, the intermediate payment of KRW 200 million, the intermediate payment of KRW 80 million, and the remainder of KRW 80 million after the completion of the trial.
(hereinafter “instant contract”). The Plaintiff paid to Defendant B a down payment of KRW 240 million on September 5, 2013, and upon Defendant B’s request, paid KRW 435 million on September 16, 2013 to October 17, 2013.
Nevertheless, Defendant B did not properly perform the construction work after the lapse of the construction period. On June 3, 2014, Defendant B agreed to complete the instant construction work until July 31, 2014, and, if delay, pay compensation for delay at the rate of 3/100 per day. The Plaintiff paid the construction price of 100 million won in addition to Defendant B around that time.
In addition, between April 7, 2014 and October 8, 2014, the Plaintiff paid 75 million won for the construction cost of LPG boiler to C Company D in relation to the piping temperature construction, which is an appurtenant work.
B. The plaintiff's criminal complaint and succession of contract agreement
(1) On or after June 2014, Defendant B did not properly perform construction work due to business difficulties, etc., the Plaintiff asserted that E, the representative of Defendant B, was deceiving the Plaintiff and obtained the construction cost by deception. On October 28, 2014, the Plaintiff filed a complaint against E with the intent of fraud.
Dor, the Defendant, Inc.